New Zealand Acts

CRIMINAL PROCEDURE ACT 2011 - SECT 180

180 Court may correct erroneous sentence

1 If any sentence is one that could not by law be imposed, or if the court does not impose a sentence that is required by law to be imposed, the court may impose a new sentence—

a) on the application of either of the parties or, as provided in section 181 , the chief executive of the Department of Corrections; or

b) on its own motion.

2 The decision of the court may be made,—

a) if sentence was imposed in the High Court, by the High Court Judge who imposed the sentence or, if that Judge is not available, by any High Court Judge; or

b) if sentence was imposed in the District Court,—

i) by the District Court Judge who imposed the sentence; or

ii) by any District Court Judge if the Judge who imposed the sentence is not available or the sentence was imposed by 1 or more Community Magistrates or Justices.

3 The court may, by order, remove the matter into the first appeal court described in section 297 , and that court may deal with it as if it were an appeal on a question of law under section 296 .

4 In this section,
"sentence" includes—

a) an order, and references to the imposition of a sentence include references to the making of an order:

b) a record of first warning and a record of subsequent warning (as those terms are defined in section 86J of the Sentencing Act 2002 ), and references to the imposition of a sentence include references to the giving and recording of a warning of either kind.

Note: 1957 No 87 s 77 ; 1961 No 43 s 372

History: Section 180(2)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).   Section 180(4): replaced, on 17 June 2025, by section 14 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).